scholarly journals Corporate governance and organized crimes: Comparative analytical study of the legislative role

2021 ◽  
Vol 10 (3) ◽  
pp. 18-29
Author(s):  
Tayil Mahmoud Shiyab ◽  
Mohammad Amin Alkrisheh ◽  
Alaa Y. Darawsheh

This research aims to study the organized crime, its characteristics, and the legislative role in combating it. Due to its reception of many refugees from Syria, Iraq, Yemen, and Libya, the United Arab Emirates (UAE) and Jordan witnessed a widespread of numerous forms of organized crimes such as drug crimes, money laundering, and human trafficking. The authors seek to clarify how Emirati and Jordanian lawmakers dealt with such crime, and whether their legal texts were sufficient and consistent with international conventions. An analytical and comparative approach was the methodology utilized to conduct the study. The authors tackled this research through, the demonstration of the concept of organized crime in the international conventions and national legislation and the viewpoints of Jurisprudence in this regard. Organized crime is described as a threat to national security and as a crime that has dire political implications at the national and international levels (Campbell, 2014). The research has focused on the laws concerning common organized crimes such as narcotic drug trafficking, human trafficking, and money laundering. This research highlighted the efforts exerted by legislators in both countries to combat organized crimes. The findings indicate that both countries enforced specific laws and regulations to stop such crimes

Author(s):  
Frank G. Madsen

This article discusses a virtually unknown but growing role of the UN, which is its contribution to combating transnational organized crime. This includes illicit drug and human trafficking. UN efforts in this area are based on the Charter and the Universal Declaration of Human Rights. The article stresses that reinterpretations of older conventions are important in modern times, where national authorities may be at a disadvantage in fighting illicit activity. The article determines that destroying terrorism and money laundering is similar to stopping the trafficking of illicit drugs and humans, since these should be intrinsic and not additional UN activities.


2021 ◽  
Vol 30 (4) ◽  
pp. 33
Author(s):  
Karol Bajda

<p><span lang="EN-US">The article presents a criminological and forensic analysis of selected forms of contemporary organized crime in Poland, with particular emphasis on criminal terror, human trafficking, car crime, money laundering and cross-border crime. The study indicates the most important methods used by offenders in the analyzed areas from the perspective of criminology and forensics. The article aims at presenting the phenomenology (also known as symptomatology) of organized crime, including the dynamics and structure of crime in general, the methods of committing particular crimes and some elements of how the criminal world is organized. The author also points to the etiology of the characterized criminal activities. Among others, the reports on the activities of the Central Police Investigation Bureau have been used during the research. As a result of the analysis, several remarks have been formulated. First of all, the character of the presented forms of organized crime in Poland changes with time. Secondly, groups that demonstrate strictly criminal activities are still present in the public space. Thirdly, crime becomes more interdisciplinary and the criminal groups enter new areas of criminal activities. The article may form a contribution to further research in this area, including especially the development of effective mechanisms for the prevention of organized crime.</span></p>


Author(s):  
Georgios A. Antonopoulos ◽  
Georgios Papanicolaou

‘The business of organized crime’ discusses the types of business in which organized crime is involved. Although the discussion is not an exhaustive list of organized criminal activities, it covers a wide spectrum of possibilities in the reality of organized crime where there are opportunities for financial gain. The specific areas of organized criminality covered include predatory activities, such as extortion and protection; illegal markets of legal commodities such as tobacco; illegal markets of illegal commodities such as drugs; migrant smuggling and human trafficking; loansharking and illegal money lending; arms trafficking; counterfeiting; corporate crime; and money laundering.


2018 ◽  
Vol 32 (3) ◽  
pp. 281-297
Author(s):  
Fayez Al Nusair ◽  
Firas Massadeh

Abstract This article presents a comprehensive examination and analysis of copyright protection under the provisions of the United Arab Emirates’ Federal Law No. 7, 2002 concerning copyrights and neighbouring rights in preparation for the accession of relevant international conventions. The law revoked Federal Law No. 40, 1992 regarding intellectual property copyright. The nature of copyright and its economic justification, the scope of its protection in the United Arab Emirates’ legal framework, the concepts of originality and creativity, and the author’s moral and economic rights are scrutinized in comparison with the provisions of related international intellectual property treaties and conventions (i.e. the TRIPS Agreement and the Berne Convention for the Protection of Literary and Artistic Works 1886, last revised in Paris, 24 July 1971).


2017 ◽  
Author(s):  
Mhd. Teguh Syuhada Lubis

The developments of information technology and transport is increasing so as to make the boundaries between countries increasingly apparent. Traffic is more easily accessible. More open the traffic between countries in the globalization era also led the increasing of mobility of goods and people between one country to another country. The opening track between countries are not only used for business necessities of life, but also the movement of people from one country to another. The flow of human movement, basically is the goal to find the solution of all the problems that they find in the place of themselves. The movement of human movement is a gap for the occurrence of crime. In the context of transnational crime, human trafficking is a form of transnational organized crime that potentially cause the kinds of implications for other crimes. Human smuggling can be a weak dose of a country’s legal system in dealing with covert motivation of the imigiran to make the country as a state intermediary for the crime. Other crimes may arise due to the omission of the practice of human trafficking, such as conventional crimes (fraud, rape, murder, and theft), shipping, human trafficking, money laundering, banking crimes and terrorism.


Author(s):  
‏​‏​‏​​‏​‏​​‏​‏​‏​‏​‏​‏ Izzet Mohammed Al-Amri

Basic principle is that the criminal verdict in a particular state- according to regional base criminal law- does not have any impact beyond the borders of this state, is that the talk Fiqh began to call the necessity to recognize the executive force of criminal judgment foreigner on the territory of the State, especially with the increase in organized crime activities and the difficulty of detection ,, The research aims to show the extent of recognition of the legislator Emirati all of the negative effects and the effects of positive foreign criminal judgment, according to comparative approach between the UAE law and relevant international conventions, showed results that the legislator UAE has admitted strongly res judicata criminal rule of foreign matter in order to avoid trial person per incident twice, and also acknowledged the executive force of criminal judgment foreigner on the territory of the State provided there is an international agreement between the UAE and foreign countries, including the recognition of foreign rule this impact and the condition of reciprocity, it concluded Find out the importance of the recognition of foreign rule executive strongly as prescribed by the penalties and confiscated private necessity for international cooperation in the fight against organized crime penalty.


2018 ◽  
Vol 15 (2) ◽  
pp. 167-181
Author(s):  
Alexander A Caviedes

This article explores the link between migrants and crime as portrayed in the European press. Examining conservative newspapers from France, Germany, and the United Kingdom from 2007 to 2016, the study situates the press coverage in each individual country within a comparative perspective that contrasts the frequency of the crime narrative to that of other prominent narratives, as well as to that in the other countries. The article also charts the prevalence of this narrative over time, followed by a discussion of which particular aspects of crime are most commonly referenced in each country. The findings suggest that while there has been no steady increase in the coverage of crime and migration, the press securitizes migration by focusing on crime through a shared emphasis on human trafficking and the non-European background of the perpetrators. However, other frames advanced in these newspapers, such as fraud or organized crime, comprise nationally distinctive characteristics.


2018 ◽  
Vol 28 (6) ◽  
pp. 2091-2100
Author(s):  
Venelin Terziev ◽  
Hristo Bonev

This article outlines the three main prostitution organization types as well as hierarchical structures in criminal organizations dealing with human trafficking, prostitution and sexual exploitation. Several major categories of personages are directly involved in organized crime groups. The main indicators for assessing the prostitution prevention are defined and the principles for system management and management are justified. The three factors of prostitution management - psychological, social and financial - are outlined. An evaluation of the prostitution market has been carried out and the functions of the domestic and external markets for paid sex are described. The data provided gives us a reason to assume that the consumption of sexual services is increasing.


2021 ◽  
Author(s):  
Jaideep Singh Lalli ◽  
Nikita Garg

Abstract Enacted to regulate the incubus of organized crime, India’s Prevention of Money Laundering Act has quickly degenerated into interpretative chaos, with conflicting judicial opinions straining its otherwise sound provisions. Instead of chastening statutory mercuriality, close to eleven amendments to the Act have only fuelled incertitude further. The most damaging feature of the PMLA’s disarray is that the interpretive conflict eclipses the most basic punitive machinery of the Act. Part 2 of the article clarifies the relationship between the offence of money laundering and its predicate offences in the realm of how the latter ought to influence property attachment and prosecution proceedings for the former. Part 3 dissects the complication of Indian Criminal Procedure’s applicability to investigations under the PMLA and proposes an inventive two-step enquiry to determine the extent of said applicability in view of the provisions of both statutes. Part 4 chronicles the peculiar acquiescence of some Indian courts in not insisting upon furnishing written grounds of arrest to a detenu and explains why that jurisprudential course deserves to be abandoned. Lastly, Part 5 addresses the topical disputation of the effect of recent amendments on the potential revival of sui generis bail conditions under the PMLA that had previously been declared unconstitutional. The article presents a syncretism of recommended interpretative paths that the judiciary must take to remedy the recognized flaws.


2021 ◽  
Author(s):  
Amy Weatherburn

The 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime provides the first internationally agreed definition of the human trafficking. However, in failings to clarify the exact scope and meaning of exploitation, it has created an ambiguity as to what constitutes exploitation of labour in criminal law. <br>The international definition's preference for an enumerative approach has been replicated in most regional and domestic legal instruments, making it difficult to draw the line between exploitation in terms of violations of labour rights and extreme forms of exploitation such as those listed in the Protocol. <br><br>This book addresses this legal gap by seeking to conceptualise labour exploitation in criminal law.


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